Anthony Foster v. State ( 2009 )

i i i i i i
MEMORANDUM OPINION
No. 04-09-00133-CR
Anthony FOSTER,
Appellant
v.
STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-6089
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: April 8, 2009
DISMISSED
The trial court signed a certification of defendant’s right to appeal stating that this “is a plea
bargain case, and the defendant has NO right of appeal.” See TEX . R. APP . P. 25.2(a)(2). Rule 25.2(d)
provides, “The appeal must be dismissed if a certification that shows the defendant has the right of
appeal has not been made part of the record under these rules.” TEX . R. APP . P. 25.2(d). Accordingly,
on March 23, 2009, this court issued an order stating this appeal would be dismissed pursuant to
Rule 25.2(d) unless an amended trial court certification that shows defendant has the right of appeal
04-09-00133-CR
was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex. App.—San
Antonio 2003, order); TEX . R. APP . P. 25.2(d); 37.1.
On March 24, 2009, defendant’s appellate counsel filed a letter stating “this court has no
choice but to dismiss the appeal.” In light of the record presented, we agree with defendant’s counsel
that Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
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